You must disclose defects not visible to a buyer or inspector, says Joe Richer. But you needn’t mention those that are readily apparent.
People often ask me about sellers’ rights, but it’s important to remember that sellers have obligations, too. What I mean by this is that whenever someone has rights, they also have obligations.
The Real Estate Council of Ontario administers a Code of Ethics. One obligation, for example, prohibits agents and brokerages from running false or misleading advertisements. As part of this, sellers’ agents are required to confirm all advertising details, including any representations their seller client may make about a home prior to listing or advertising it.
As patent defects are typically visible, sellers are generally not required to disclose them to buyers. Examples of such defects are visible cracks in a foundation wall, missing safety railings, and stains on a ceiling.
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